Commercialization Agreement Sample Contracts

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Commercialization Agreement • July 26th, 2006 • Patriot Scientific Corp • Communications equipment, nec • California
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EX-10.17 4 a2220057zex-10_17.htm EX-10.17 COMMERCIALIZATION AGREEMENT by and between THERAVANCE, INC. and CLINIGEN GROUP PLC Dated: March 8, 2013 COMMERCIALIZATION AGREEMENT
Commercialization Agreement • May 5th, 2020 • New York

This Commercialization Agreement (“Agreement”) dated March 8, 2013, is made by and between THERAVANCE, INC., a Delaware corporation having its principal office at 901 Gateway Boulevard, South San Francisco, California 94080, United States (“Theravance”), and CLINIGEN GROUP PLC, Pitcairn House Crown Square, Centrum 100, BURTON UPON TRENT, DE14 2WW United Kingdom (“Clinigen”). Theravance and Clinigen may be referred to as a “Party” or together, the “Parties”.

BACKGROUND
Commercialization Agreement • July 18th, 2003 • Genvec Inc • Pharmaceutical preparations • California
SECOND AMENDMENT TO COMMERCIALIZATION AGREEMENT
Commercialization Agreement • June 11th, 2021 • Sera Prognostics, Inc. • Services-medical laboratories

THIS Second Amendment to the January 9, 2017 Commercialization Agreement (“Second Amendment”), effective as of the date this Second Amendment is signed by both parties (the “Effective Date”), is made by and between Sera Prognostics, Inc. (“Sera”) and Laboratory Corporation of America Holdings (“Labcorp”). Sera and Labcorp may be referred to herein each as a “Party” or collectively as “Parties.”

Furiex, Menarini sign agreement for Priligy
Commercialization Agreement • March 16th, 2024
COMMERCIALIZATION AGREEMENT
Commercialization Agreement • June 11th, 2021 • Sera Prognostics, Inc. • Services-medical laboratories • Delaware

This Commercialization Agreement (“Agreement”) is effective as of January 9, 2017 (“Effective Date”) and is entered into by and between Sera Prognostics, Inc. (“Sera”), a Delaware corporation with its principal place of business at 2749 East Parleys Way, Suite 200, Salt Lake City, Utah 84109, and Laboratory Corporation of America Holdings (“LabCorp”), a Delaware corporation with its principal place of business at 531 South Spring Street, Burlington, North Carolina 27215. Each of Sera and LabCorp is referred to herein as a “Party” and together as the “Parties.”

First Amendment to Commercialization Agreement
Commercialization Agreement • June 11th, 2021 • Sera Prognostics, Inc. • Services-medical laboratories

This First Amendment to Commercialization Agreement (“Amendment”) is made and shall be effective upon the date this Amendment is signed by both Parties (“Amendment Date”) by and between Sera Prognostics, Inc. (“Sera”), a Delaware corporation with its principal place of business at 2749 East Parleys Way, Suite 200, Salt Lake City, Utah 84109, and Laboratory Corporation of America Holdings (“LabCorp”), a Delaware corporation with its principal place of business at 531 South Spring Street, Burlington, North Carolina 27215. Each of Sera and LabCorp is referred to herein as a “Party” and together as the “Parties.”

EX-10.55 6 a2237754zex-10_55.htm EX-10.55 Execution Version COMMERCIALIZATION AGREEMENT
Commercialization Agreement • May 5th, 2020 • Minnesota

This Commercialization Agreement (this “Agreement”) is made as of the date last signed by the Parties (the “Effective Date”), by and between United Therapeutics Corporation, a corporation incorporated under the laws of Delaware and having a place of business at 55 T.W. Alexander Drive, Research Triangle Park, North Carolina 27709 (“UT”), and Medtronic, Inc., a corporation incorporated under the laws of the State of Minnesota and having its place of business at 8200 Coral Sea Street NE, Mounds View, Minnesota 55112 (“Medtronic”), each a “Party”, collectively the “Parties.”

COMMERCIALIZATION AGREEMENT
Commercialization Agreement • August 8th, 2014 • Salix Pharmaceuticals LTD • Pharmaceutical preparations • California

This COMMERCIALIZATION AGREEMENT (this “Agreement”) is made as of August 22, 2011 (the “Effective Date”), by and between Depomed, Inc., a California corporation (“Depomed”), and Santarus, Inc., a Delaware corporation (“Santarus”). Each of Depomed and Santarus is referred to herein individually as a “party” and collectively as the “parties.”

Contract
Commercialization Agreement • April 16th, 2018 • Taiwan Liposome Company, Ltd. • Pharmaceutical preparations

*** = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended.

EX-10.2 15 dex102.htm COMMERCIALIZATION AGREEMENT, BY AND BETWEEN THE COMPANY AND ICM, INC. *** Text Omitted and Filed Separately Confidential Treatment Requested Under 17 C.F.R. §§ 200.80(b)(4) and 203.406 COMMERCIALIZATION AGREEMENT
Commercialization Agreement • May 5th, 2020 • Colorado

This Commercialization Agreement (this “Agreement”) is effective as of October 16, 2008 (the “Effective Date”) by and between ICM, Inc., a Kansas corporation with its principal place of business at 310 N. First Street, Colwich, KS 67030 (“ICM”) and Gevo, Inc., a Delaware corporation with offices at 345 Inverness Drive South, Building C, Suite 310, Englewood, CO 80112 (“Gevo”) (Gevo and ICM are collectively referred to as the “Parties” and each individually as a “Party”). As used in this Agreement, the term “Affiliates” means and refers to any entity that controls, or is controlled by, or is under common control with, that entity.

COMMERCIALIZATION AGREEMENT by and among DEPOMED, INC., COLLEGIUM PHARMACEUTICAL, INC. and COLLEGIUM NF, LLC Dated as of December 4, 2017
Commercialization Agreement • March 7th, 2018 • Collegium Pharmaceutical, Inc • Pharmaceutical preparations • New York

This Commercialization Agreement (this “Agreement”) is made as of December 4, 2017 (the “Effective Date”), by and among Depomed, Inc., a California corporation (“Depomed”), Collegium Pharmaceutical, Inc., a Virginia corporation (“Collegium”), and Collegium NF, LLC, a Delaware limited liability company and wholly owned subsidiary of Collegium (“Newco”). Each of Depomed, Collegium and Newco is referred to herein individually as a “party” and collectively as the “parties.”

Hisamitsu Pharmaceutical and Kyowa Hakko Kirin sign Commercialization Agreement for HP-3000, a Potential New Transdermal Patch for Parkinson’s Disease in Japan
Commercialization Agreement • December 6th, 2020

Under the terms of the agreement, Kyowa Hakko Kirin will be responsible for commercializing the product after Hisamitsu Pharmaceutical receives a manufacturing and marketing approval for the product in Japan. Hisamitsu Pharmaceutical will receive an upfront payment and milestone payments based on the regulatory approval and the sales amount.

AMENDED AND RESTATED COMMERCIALIZATION AGREEMENT
Commercialization Agreement • August 3rd, 2012 • Gevo, Inc. • Industrial organic chemicals • Colorado

This Amended and Restated Commercialization Agreement (together with all appendices attached hereto, this “Agreement”) is made and entered into on this 11th day of August, 2011 (the “Commencement Date”), but effective as of October 16, 2008 (the “Effective Date”) by and between ICM, Inc., a Kansas corporation with its principal place of business at 310 N. First Street, Colwich, KS 67030 (“ICM”) and Gevo, Inc., a Delaware corporation with offices at 345 Inverness Drive South, Building C, Suite 310, Englewood, CO 80112 (“Gevo”) (Gevo and ICM are collectively referred to as the “Parties” and each individually as a “Party”). As used in this Agreement, the term “Affiliates” means and refers to any entity that controls, or is controlled by, or is under common control with, that entity.

AMENDED AND RESTATED COMMERCIALIZATION AGREEMENT Dated October 31, 2023
Commercialization Agreement • March 28th, 2024 • Atara Biotherapeutics, Inc. • Biological products, (no disgnostic substances)

This Amended and Restated Commercialization Agreement (this “Agreement”) is made as of October 31, 2023 (the “Execution Date”), by and between Atara Biotherapeutics, Inc., incorporated under the laws of Delaware and having its registered office at 2380 Conejo Spectrum Street, Suite 200, Thousand Oaks, CA 91320 (“Atara”), and Pierre Fabre Medicament, having its registered office at les Cauquillous, 81500 Lavaur, France (“Partner”). Atara and Partner are referred to in this Agreement individually as a “Party” and collectively as the “Parties.”

COMMERCIALIZATION AGREEMENT
Commercialization Agreement • February 17th, 2010 • Ecology Coatings, Inc. • Wholesale-industrial machinery & equipment • Wisconsin

This Commercialization Agreement (the “Agreement”) is entered into as of the 1st day of February, 2010 (the “Effective Date”), by and between WS Packaging Group, Inc., a Wisconsin corporation located at 2571 S. Hemlock Road, Green Bay, Wisconsin 54229 (“WSPG”), and Ecology Coatings, Inc., a Nevada corporation located at 2701 Cambridge Court, Suite 100, Auburn Hills, Michigan 48326 (“Ecology”).

AMENDMENT NO. 3 TO COMMERCIALIZATION AGREEMENT
Commercialization Agreement • November 8th, 2018 • Assertio Therapeutics, Inc • Pharmaceutical preparations

THIS AMENDMENT NO. 3 TO COMMERCIALIZATION AGREEMENT (this “Amendment No. 3”) is entered into as of November 8, 2018, by and among Assertio Therapeutics, Inc., a Delaware corporation (formerly known as Depomed, Inc., a California corporation) (“Depomed”), Collegium Pharmaceutical, Inc., a Virginia corporation (“Collegium”), and Collegium NF, LLC, a Delaware limited liability company and wholly owned subsidiary of Collegium (“Newco”) and amends that certain Commercialization Agreement, dated as of December 4, 2017, as amended by Amendment No. 1 dated as of January 9, 2018 and Amendment No. 2 dated as of August 29, 2018 (as amended, the “Commercialization Agreement”), by and among Depomed, Collegium, and Newco. Each of Depomed, Collegium and Newco is referred to herein individually as a “party” and collectively as the “parties.” Defined terms used herein but not otherwise defined herein shall have the meaning ascribed to such terms in the Commercialization Agreement.

Nextleaf Solutions Enters into Agreement to Consolidate Nextleaf Labs
Commercialization Agreement • October 15th, 2019

Nextleaf Labs is designed to process more than 270,000 kg of dried cannabis and hemp biomass per year using Nextleaf Solutions' patented intellectual property

Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Double asterisks denote omissions. COMMERCIALIZATION AGREEMENT
Commercialization Agreement • January 2nd, 2014 • uniQure B.V. • Pharmaceutical preparations • England

This Commercialization Agreement (this “Agreement”) is entered into as of 29 April 2013 (the “Effective Date”), by and between uniQure Biopharma B.V., formerly known as Amsterdam Molecular Therapeutics (AMT) B.V., a Dutch corporation, with its offices at Meibergdreef 61, 1105 BA Amsterdam, The Netherlands (“uniQure”), and Chiesi Farmaceutici S.p.A., an Italian corporation, with its offices at Via Palermo, 26/A, 43122 Parma, Italy (“Chiesi”). uniQure and Chiesi are sometimes referred to herein individually as a “Party” and collectively as the “Parties”.

AMENDMENT NO. 1 TO COMMERCIALIZATION AGREEMENT
Commercialization Agreement • March 7th, 2018 • Collegium Pharmaceutical, Inc • Pharmaceutical preparations

THIS AMENDMENT NO. 1 TO COMMERCIALIZATION AGREEMENT (this “Amendment No. 1”) is entered into as of January 9, 2018, by and among Depomed, Inc., a California corporation (“Depomed”), Collegium Pharmaceutical, Inc., a Virginia corporation (“Collegium”), and Collegium NF, LLC, a Delaware limited liability company and wholly owned subsidiary of Collegium (“Newco”) and amends that certain Commercialization Agreement, dated as of December 4, 2017 (the “Commercialization Agreement”), by and among Depomed, Collegium, and Newco. Each of Depomed, Collegium and Newco is referred to herein individually as a “party” and collectively as the “parties.” Defined terms used herein but not otherwise defined herein shall have the meaning ascribed to such terms in the Commercialization Agreement.

COMMERCIALIZATION AGREEMENT
Commercialization Agreement • February 24th, 2021 • Tandem Diabetes Care Inc • Surgical & medical instruments & apparatus • California

This Commercialization Agreement (this “Agreement”) is made and entered into on November 20, 2020 (the “Effective Date”) by and between Tandem Diabetes Care, Inc, having a principal place of business at 11075 Roselle St., San Diego, CA 92121 (“Tandem”) and DexCom, Inc., a Delaware corporation having a principal place of business at 6340 Sequence Drive, San Diego, CA 92121 (“DexCom”). Tandem and DexCom may be referred to in this Agreement individually as a “Party” and collectively as the “Parties”.

CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [***], HAS BEEN OMITTED BECAUSE IT IS NOT MATERIAL AND IS THE TYPE THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL COMMERCIALIZATION AGREEMENT WITH RESPECT TO SISUNATOVIR BY...
Commercialization Agreement • March 28th, 2023 • LianBio • Pharmaceutical preparations • New York

(1)LianBio Development (HK) Limited, a limited liability company organized under the laws of Hong Kong, having an address at RM 1901, 19/F Lee Garden One 33 Hysan Avenue, Causeway Bay HK (“LianBio Development”);

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Contract
Commercialization Agreement • December 28th, 2017

Technology Development Board has entered into an agreement on 27th December, 2017 with M/s MSV Laboratories Pvt. Ltd., Medinipur, West Bengal for “Commercialization of cow dung compost as a means of strain delivery by applying electromagnetic radiation emitted from radionuclide’s-60Co : Alternative of synthetic NPK”.

COMMERCIALIZATION AGREEMENT BETWEEN GILEAD SCIENCES LIMITED AND BRISTOL-MYERS SQUIBB COMPANY DATED AS OF DECEMBER 10, 2007
Commercialization Agreement • February 27th, 2008 • Gilead Sciences Inc • Biological products, (no disgnostic substances)

This COMMERCIALIZATION AGREEMENT (this “Agreement”) dated and effective as of December 10, 2007 (the “Effective Date”) is hereby made by and between Gilead Sciences Limited, a limited company organized and existing under the laws of Ireland, having offices at Unit 13 Stillorgan Industrial Park, Blackrock, Co. Dublin, Ireland (“Gilead Sub”), and Bristol-Myers Squibb Company, a corporation organized and existing under the laws of Delaware, having offices at 345 Park Avenue, New York, New York 10154, USA (“BMS”) (each of Gilead Sub and BMS, a “Party” and, collectively, the “Parties”).

AMENDMENT NO. 1 TO THE COMMERCIALIZATION AGREEMENTS
Commercialization Agreement • November 4th, 2009 • Dexcom Inc • Surgical & medical instruments & apparatus

Animas Corporation, a Delaware Corporation, having a principal place of business at 200 Lawrence Drive, West Chester, PA 19380 (“Animas”) and DexCom, Inc., a Delaware corporation, having a principal place of business at 6340 Sequence Drive, San Diego, CA 92121 (“DexCom”), are parties to the Commercialization Agreement dated July 31, 2008 (the “US Commercialization Agreement”) and the OUS Commercialization Agreement dated January 12, 2009 (the “OUS Commercialization Agreement”). Capitalized terms not defined in this Amendment No. 1 to the Commercialization Agreements (the “Amendment”) shall have the meanings given to them in the US Commercialization Agreement or OUS Commercialization Agreement, as applicable.

Contract
Commercialization Agreement • December 4th, 2015

SETi and Psoria‐Shield, Inc. Enter Into Agreement to Commercialize Psoria‐Light® System and Expand Adoption for UVB Phototherapy

COMMERCIALIZATION AGREEMENT
Commercialization Agreement • December 7th, 2016 • Enertopia Corp. • Metal mining • Florida

THIS COMMERCIALIZATION AGREEMENT (“Agreement”) is made as of the 6th day of December, 2016, (the “Effective Date”) between Genesis Water Technologies, Inc., a Florida Corporation, with an address at 555 Winderley Place Suite 300, Maitland, FL 32751 ("GWT") and Enertopia Corporation, a Nevada Corporation, a corporation with an address at Suite 950 - 1130 West Pender Street, Vancouver, BC V6E 4A4 ("Customer"). GWT and Customer are referred to herein as a “Party” and together as the “Parties”.

AMENDMENT NO. 1 TO THE COMMERCIALIZATION AGREEMENT
Commercialization Agreement • November 8th, 2022 • Atara Biotherapeutics, Inc. • Biological products, (no disgnostic substances)

This Amendment No. 1 to the Commercialization Agreement (this “Amendment”) is made and entered into, effective as of September 27, 2022 (“Amendment Effective Date”), by and between Atara Biotherapeutics, Inc. (“Atara”), a Delaware corporation with offices at 611 Gateway Blvd, Suite 900, South San Francisco, CA 94080 and Pierre Fabre Medicament (“Partner”), having its registered office at Les Cauquillous, 81500 Lavaur, France. Atara and Partner are sometimes referred to singly as “Party” and collectively as “Parties.”

COMMERCIALIZATION AGREEMENT
Commercialization Agreement • December 13th, 2013 • Ocean Power Technologies, Inc. • Electric services • New York

This Commercialization Agreement (“CA”) has been entered into this October 23, 2013 (“Effective Date”) by and between Ocean Power Technologies, Inc. (“OPT”) with a place of business at 1590 Reed Road, Pennington, New Jersey, USA and Mitsui Engineering & Shipbuilding Co., Ltd. (“MES”) with a place of business at 6-4, Tsukiji 5-chome, Chuo-ku, Tokyo 104-8439, Japan (each a “Party” and collectively, the “Parties”).

CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ASTERISKS ([***]) DENOTE SUCH OMISSIONS. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THIS OMITTED INFORMATION. COMMERCIALIZATION AGREEMENT by...
Commercialization Agreement • April 14th, 2016 • Midatech Pharma PLC • Pharmaceutical preparations • New York

This COMMERCIALIZATION AGREEMENT (together with any Schedules hereto, this “Agreement”‘) is entered into as of March 9, 2015 (the “Effective Date”) by and between Onxeo S.A. (formerly known as “BioAlliance Pharma, S.A.”), a French company with an address at 49 boulevard du General Martial Valin, 75015 Paris, 1st floor, France (“Onxeo”), and DARA Biosciences, Inc., a Delaware corporation with an address at 8601 Six Forks Road, Suite 160, Raleigh, North Carolina 27615, USA (“Dara”).

Contract
Commercialization Agreement • May 24th, 2022 • Delaware

The following are the terms of a legal agreement (this “Agreement”) governing the commercialization of a software application between the party executing this Agreement identified as “Developer” and AlayaCare Technologies Inc. and its affiliated companies (collectively, “AlayaCare”).

RECITALS
Commercialization Agreement • March 16th, 2006 • Endocare Inc • Electromedical & electrotherapeutic apparatus • Michigan
Contract
Commercialization Agreement • December 22nd, 2014

◼ Robert S. Porter and Justin L. Kaplan. The Merck Manual of Diagnosis and Therapy, 19th ed. Whitehouse Station, NJ: Merck Sharp & Dohme Corp., 2011.

DOE STTR MODEL AGREEMENT FOR PROPERTY AND COMMERCIALIZATION RIGHTS
Commercialization Agreement • November 14th, 2023

STTR legislation requires each Federal agency participating in the STTR program to develop a model commercialization agreement for allocating between small business concerns’ and research institutions’ intellectual property rights, and rights, if any, to carry out follow-on research, development, or commercialization. The following is a DOE model Commercialization Agreement. A DOE-approved Strategic Partnership Project (SPP) agreement, Agreements for Commercializing Technology (ACT), or a Cooperative Research and Development Agreement (CRADA) with a DOE laboratory may also serve as a commercialization agreement.

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